State v. Martin

ELMORE, Judge.

On 5 July 2012, Matthew Bryant Martin (defendant) pled guilty to attempted second-degree rape and was sentenced to 44 to 62 months imprisonment. In his plea, defendant reserved his right to appeal the trial court’s partial denial of his motion to suppress. After careful consideration, we order a new trial.

T. BACKGROUND

Defendant met the victim (T.H.) online through the internet website www.mwearbook.com. On 14 November 2011, defendant, T.H., and a friend went to McDonald’s and a video game store. Upon returning to T.H’s residence, T.H.’s friend left, and defendant and T.H. went…